Hi, I think that Michael brings up a good point whether or not a replacement fulfills certain needs.
DVDs in an academic library has are used not only for in-classroom learning, but for out-of-classroom education as well. That¹s a need that is very important in libraries, because education and media literacy opportunities happen outside of the classroom, too. For example, a common assignment is for students to research the library¹s collection on a particular topic and watch a film out of the collection. Looking at the definition of 'To perform or display a work ³publicly²¹ below, I believe that this use falls outside of a public performance: http://www.copyright.gov/title17/92chap1.html What I don¹t know is how all of this applies to monkeys. Is a screening for one monkey or a "normal social circle of a family² of monkeys considered displaying publicly? Joking? Regards, Laura Laura Jenemann Media Services/Film Studies Librarian George Mason University Libraries Email: [email protected] Phone: 703-993-7593 On 1/6/16, 5:32 PM, "Brewer, Michael M - (brewerm)" <[email protected]> wrote: >Deg, > >It is an interesting question. For me, it is less about what the law will >allow and more about whether or not the replacement (in this case the >access to the content in streaming form) will fulfill needs as well as >(or better than) the physical copy. For example, what if a faculty member >needs to extract clips from the film? Would the streaming license allow >for that? What about the need for offline access? If these are not really >pressing needs, the streaming access is probably a better way to go. >Personally, I think it might be worthwhile to both create a 108 copy and >acquire the streaming access and would see that being supportable under >108. > >mb > >Michael Brewer | Librarian | Head, Research & Learning | >[email protected] > > >-----Original Message----- >From: [email protected] >[mailto:[email protected]] On Behalf Of Deg Farrelly >Sent: Wednesday, January 06, 2016 3:14 PM >To: [email protected] >Subject: Re: [Videolib] Promised Land > >This raises an interesting question.... > >If a due diligence search for a replacement copy under Section 108 pf US >copyright does not return a hard copy available for purchase, but instead >only return a streaming copy, available only for term license.... > >Can the library proceed with a copy made under provisions of Section 108. > >I have my own opinion, but will would like to hear what other librarians >think. > >-deg farrelly >Arizona State University Libraries > >> Kanopy has it. > >VIDEOLIB is intended to encourage the broad and lively discussion of >issues relating to the selection, evaluation, acquisition,bibliographic >control, preservation, and use of current and evolving video formats in >libraries and related institutions. It is hoped that the list will serve >as an effective working tool for video librarians, as well as a channel >of communication between libraries,educational institutions, and video >producers and distributors. > >VIDEOLIB is intended to encourage the broad and lively discussion of >issues relating to the selection, evaluation, acquisition,bibliographic >control, preservation, and use of current and evolving video formats in >libraries and related institutions. It is hoped that the list will serve >as an effective working tool for video librarians, as well as a channel >of communication between libraries,educational institutions, and video >producers and distributors. VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
